In re Folts Street
Appellate Division of the Supreme Court of the State of New York
Appeal by the Hew York Central and Hudson River Railroad Company and another, from an order of the County Court of Herkimer county, entered in the office of the clerk of the county of Herkimer on the 1st day of March, 1897, appointing commissioners to assess the damages caused by the extension of Folts street, .and taking lands therefor in the village of Herkimer, as provided by chapter 291 of the Laws of 1870, as amended.
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Appeal by the Hew York Central and Hudson River Railroad Company and another, from an order of the County Court of Herkimer county, entered in the office of the clerk of the county of Herkimer on the 1st day of March, 1897, appointing commissioners to assess the damages caused by the extension of Folts street, .and taking lands therefor in the village of Herkimer, as provided by chapter 291 of the Laws of 1870, as amended. In February, 1897, the village of Herkimer, being an incorporated village (under chap. 291, Laws of 1870), through its board of trustees, presented a petition to the County…
1Opinion of the Court
Ward, J.:
The determination of the respondent that a street should he opened in the village through the lands of the appellants was conclusive as to the necessity and the propriety of such street. (The People ex rel. The City of Ithaca v. The D., L. & W. R. R. Co., 11 App. Div. 280, and cases cited.)
Tinder the laws of this State the respondent had the choice of two proceedings in the premises, one being authorized by chapter 62 of the Laws of 1853, which declares it to be lawful “ for the authorities of any city, village or town in this State who are by law empowered to lay out streets and…
2Cases cited6 opinions
- The Albany Northern Railroad Company v. . BrownellNew York Court of Appeals · 1862
- In Re Rochester Water Commissioners to Acquire Lands of Rochester Water Co.New York Court of Appeals · 1876
- Bost'n and A.R.R. Co. v. . Vil. of Greenb'shNew York Court of Appeals · 1873
- President, Managers & Directors of the Delaware & Hudson Canal Co. v. Village of WhitehallNew York Court of Appeals · 1882
- People ex rel. City of Ithaca v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- N.Y.C. H.R.R.R. Co. v. . City of BuffaloNew York Court of Appeals · 1910
- New York Central & Hudson River Railroad v. City of BuffaloNew York Court of Appeals · 1910